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A state legislature in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
is the
legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
body of any of the 50
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
s. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', while in 19 states the legislature is called the ''General Assembly''. In
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
and
New Hampshire New Hampshire is a state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the nor ...
, the legislature is called the ''General Court'', while
North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, So ...
and
Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
designate the legislature the ''Legislative Assembly''.


Composition

Every state except
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
has a bicameral legislature, meaning that the legislature consists of two separate legislative chambers or houses. In each case the smaller chamber is called the Senate and is usually referred to as the upper house. This chamber typically, but not always, has the exclusive power to confirm appointments made by the
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
and to try articles of impeachment. (In a few states, a separate Executive Council, composed of members elected from large districts, performs the confirmation function.) Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states, the larger chamber is called the House of Representatives. Five states designate the larger chamber the Assembly and three states call it the House of Delegates. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and
articles of impeachment Impeachment in the United States is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. Impeachment may also occur at the state level if the sta ...
. Prior to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decisions '' Baker v. Carr'' (1962) and '' Reynolds v. Sims'' (1964), the basis of representation in most state legislatures was modeled on that of the
U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...
: the state senators represented geographical units, while members of the larger chamber represented population. In ''Reynolds v. Sims'' the Supreme Court decided upon the
one man, one vote "One man, one vote", or "one person, one vote", expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms as universal suffrage, ...
standard for state legislatures and invalidated representation based on geographical units regardless of population. (The ruling does not affect the U.S. Senate, because that chamber's makeup is prescribed by the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
.) Nebraska originally had a bicameral legislature like the other states, but the lower house was abolished following a referendum, effective with the 1936 elections. The remaining
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...
(one-chamber) legislature is called the
Nebraska Legislature The Nebraska Legislature (also called the Unicameral) is the legislature of the U.S. state of Nebraska. The Legislature meets at the Nebraska State Capitol in Lincoln. With 49 members, known as "senators", the Nebraska Legislature is the sm ...
, but its members are called state senators.


Duties and influence

As a legislative branch of
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
, a legislature generally performs state duties for a state in the same way that the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
performs national duties at the national level. Generally, the same system of
checks and balances Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
that exists at the Federal level also exists between the state legislature, the state executive officer (governor) and the state
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, though the degree to which this is so varies from one state to the next, nor is this a requirement for state governments (i.e. a state is permitted to use a
parliamentary system A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of th ...
, or any other system of government, if it so desired). During a legislative session, the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves the state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor. Under the terms of Article V of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution. After the convention has concluded its business 75% of the states will then be required to ratify what the convention has proposed. Under Article II, state legislatures choose the manner of appointing the state's
presidential electors The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia appo ...
. Formerly, state legislatures appointed the U.S. Senators from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of Senators by the state's voters.


Lawmaking process

Generally, the legislative bodies and their committees use either ''
Mason's Manual of Legislative Procedure ''Mason's Manual of Legislative Procedure'', commonly referred to as ''Mason's Manual'', is the official parliamentary authority of most state legislatures in the United States. This 700+ page book has been "Adopted as the authority on questions ...
'' or an amended form thereof. During official meetings, a professional parliamentarian is available to ensure that legislation and accompanying discussion proceed as orderly as possible without bias.


Beginnings

The lawmaking process begins with the introduction of a bill in either the House of Representatives or the Senate. Bills may be introduced in either house, sometimes with the exception of bills increasing or decreasing revenue, which must originate in the House of Representatives. The order of business in each house provides a proper time for the introduction of bills. Bills are usually assigned consecutive numbers, given in the order of their introduction, to facilitate identification. Usually a bill cannot become enacted until it has been read on a certain number of days in each house. Upon introduction, a bill is usually read by its title only, constituting the first reading of the bill. Because a bill is usually read by title only, it is important that the title give the members notice of the subject matter contained in the bill.


Committees


=General information

= As with other legislative bodies throughout the world, U. S. state legislatures operate mainly through committees when considering proposed bills. Thus, committee action is probably the most important phase of the legislative process. Most bills cannot be enacted into law until it has been referred to, acted upon by, and returned from, a standing committee in each house. Reference to committee usually follows the first reading of the bill. Each committee is set up to consider bills relating to a particular subject. Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. Often on days when a legislature is not in session, the committees of each house meet and consider the bills that have been referred to them to decide if the assigned bills should be reported for further action. For most bills, the recommendations of the committee are followed, although either house is free to accept or reject the action of the committee. Bills reported favorably by a committee may be placed on a regular calendar (the agenda of the deliberative body). Most of the work of the legislature is done by committees. The legislature as a whole relies on its committees to report out only those bills deserving the consideration of the entire house. Through standing committees, each bill is addressed by a group of members who have special knowledge of its subject. Some members of the legislature have expert knowledge of particular subjects of legislation, and these members are usually placed on committees to take full advantage of this specialized knowledge. For this reason, the legislature often accepts the final recommendations of its standing committees. As has been noted, however, the legislature does not completely abdicate its responsibility for the consideration of pending bills. If the need arises, the members of either house can force a committee to take action on a bill, or they can ignore the committee's recommendations.


= Pocket veto and discharge petitions

= Across the country, pocket veto powers are not uncommon in state legislatures, which allows a committee to "kill" a bill, sometimes without even a public vote; in Colorado, the power was notably repealed in a citizen initiative constitutional amendment in 1988 driven by various reform groups. When a committee refuses to vote a bill out of committee, a
discharge petition In United States parliamentary procedure, a discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee by "discharging" the committee from further consideration of a bil ...
can be passed by the broader membership. The specifics vary from state to state; for example, in 2004, a report found that New York State "places more restrictions than any other state legislature on motions to discharge a bill from a committee", which led to subsequent reforms.


Post-committee


=Reports of Committee

= After a committee has completed work on a bill, it reports the bill to the appropriate house during the "reports of committees" in the daily order of business. Reported bills are immediately given a second reading. The houses do not vote on a bill at the time it is reported; however, reported bills are placed on the calendar for the next legislative day. This second reading is made by title only. The regular calendar is a list of bills that have been favorably reported from committee and are ready for consideration by the membership of the entire house.


=Third reading

= Regardless of how a bill is placed on the calendar, once the bill is considered and adopted, this is called the third reading. It is at this third reading of the bill that the entire legislature gives consideration to its passage. At this time, the bill may be studied in detail, debated, amended, and read at length before final passage. If the majority vote in favor of the bill, it is recorded as passed.


=Transmission to second house

= A bill that is passed in one house is transmitted, along with a formal message, to the other house. If the bill is not reported from committee or is not considered by the full house, the bill is defeated. The house of origin, upon return of its amended bill, may take any one of several courses of action. It may concur in the amendment by the adoption of a motion to that effect; then the bill, having been passed by both houses in identical form, is ready for enrollment. Another possibility is that the house of origin may adopt a motion to non-concur in the amendment, at which point the bill dies. Finally, the house of origin may refuse to accept the amendment but request that a conference committee be appointed. The other house usually agrees to the request, and the presiding officer of each house appoints members to the conference committee.


=Conference committees

= A conference committee is often empaneled to discuss the points of difference between the two houses' versions of the same bill, and tries to reach an agreement between them so that the identical bill can be passed by both houses. If an agreement is reached and if both houses adopt the conference committee's report, the bill is passed. If either house refuses to adopt the report of the conference committee, a motion may be made for further conference. If a conference committee is unable to reach an agreement, it may be discharged, and a new conference committee may be appointed. Some highly controversial bills may be referred to several different conference committees. If an agreement is never reached in conference prior to the end of the legislative session, the bill is lost. When a bill has passed both houses in identical form, it is then ready for transmittal to the governor.


=Presentation to the governor

= The governor may sign bills presented by the legislature, which completes its enactment into law. From this point, the bill becomes an act, and remains the law of the state unless repealed by legislative action or overturned by a court decision. Governors who do not approve of the bill may veto it. In the event of a veto, the governor returns the bill to the house in which it originated with a message of objections and amendments (if applicable) which might remove those objections. The bill is then reconsidered, and if a simple majority of the members of both houses agrees to the proposed executive amendments, it is returned to the governor for signature. On the other hand, a qualified majority (two-thirds) of the members of each house can choose to approve a vetoed bill precisely as the legislature originally passed it, in which case it becomes a law over the governor's veto. If the governor fails to return a bill to the legislative house in which it originated within a specified number of days after it was presented, it becomes a law without their signature. The bills that reach the governor less than a specified number of days before the end of the session may be approved within ten days after adjournment. The bills not approved within that time do not become law. This is known as a " pocket veto". This is the most conclusive form of veto, for the legislature (having adjourned) has no chance to reconsider the vetoed measure.


Constitutional amendments

Sometimes what the legislature wishes to accomplish cannot be done simply by the passage of a bill, but rather requires amending the state constitution. Each state has specified steps intended to make it difficult to alter the constitution without the sufficient support of either the legislature, or the people, or both.


State legislators

In most states, a new state
legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies by state. In states where the legislature is considered part-time, a session may last several months; where the legislature is considered full-time, the session may last all year, with periodic breaks for district work. Some states have varying lengths for odd-numbered and even-numbered years, or allow for a fixed number of either legislative or calendar days.
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
for example, allows only 40 legislative days per year, and
Wyoming Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to the s ...
allows 60 legislative days per term and no more than 40 per one calendar year. Whereas in
Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
,
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
, New York (in odd-numbered years),
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
and
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
(in odd-numbered years), the sessions usually last all year. Four state legislatures -
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
,
Nevada Nevada ( ; ) is a state in the Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the 7th-most extensive, ...
,
North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, So ...
and
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
meet only biennially. In early 1960s, only 19 legislatures met annually, but by mid-1970s, it had increased to 41. The latest legislature to switch to annual sessions was
Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
in 2011, following a voter-approved ballot measure. Currently, there are 7,383 state legislators in the United States. They are usually assisted by staff aides to help prepare and analyze legislation, to review and amend submitted budgets, and to help solve constituents' grievances with the state government. Many state legislators meet every year at the National Conference of The Council of State Governments (CSG), headquartered in Lexington, Kentucky, with offices in Washington, DC; New York City; Chicago; Atlanta; and Sacramento, and at the annual meetings of CSG's regions, The Southern Legislative Conference, The Midwestern Legislative Conference, the Eastern Regional Conference and CSG West, and at the Legislative Summit of the
National Conference of State Legislatures The National Conference of State Legislatures (NCSL), established in 1975, is a "nonpartisan public officials’ association composed of sitting state legislators" from the states, territories and commonwealths of the United States. Background ...
, which is headquartered in
Denver, Colorado Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the Unit ...
and has a lobbying office in Washington, D.C. Additionally, privately funded organizations with ideological leans have annual meetings attracting many legislators. These include the
American Legislative Exchange Council The American Legislative Exchange Council (ALEC) is a nonprofit organization of conservative state legislators and private sector representatives who draft and share model legislation for distribution among state governments in the United State ...
(ALEC), a
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
organization, and the State Innovation Exchange (SiX), its progressive counterpart.


Bill introduction limits

As of 2017, 24 of 99 chambers have limits on the number of bills that a legislator can introduce per year.


Roll rates

When a bill passes based on votes mostly from the minority party and "moderate" members of a majority party, it is referred to as the majority being "rolled". Political scientists study "roll rates" as a measure of the ability of the majority party to avoid votes on bills which a majority of the majority oppose. An empirical analysis of state legislatures found that of the 99 studied, 53 had roll rates below 5% and 83 have roll rates below 10%.


History

The first bicameral American legislature was formed in 1619 as the
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
House of Burgesses. The legislatures of the initial
Thirteen Colonies The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of British colonies on the Atlantic coast of North America. Founded in the 17th and 18th cent ...
usually consisted of an elected lower house and an appointed
upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
, the latter of which also functioned as an advisory council to the colonial Governor. After the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...
and the establishment of the United States, most states wrote new constitutions which had direct elections for both chambers of the legislature. This model helped influence the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
and was then adopted by new states which later joined the union.


See also

* List of United States state legislatures * List of current U.S. state legislators * Comparison of U.S. state governments * United States state legislatures' partisan trend * State Legislature (India) * Legislative Assemblies of Canada's provinces and territories *
Parliaments of the Australian states and territories The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. All the parliaments are based on the Westminster system, and each is regulated by its own constitut ...
* Legislative Assemblies of Brazilian states * Houses of Assembly of Nigerian states


References


External links


National Conference of State Legislatures

Women in State Legislatures
{{United States topics * State government in the United States